Nursing & Midwifery Council, R (on the application of) v Raji

Nursing & Midwifery Council, R (on the application of) v Raji

The allegations justified the prolongation of the conditions of practice order, but due to unacceptable delay by the NMC, an extension of only six months, not twelve, was appropriate, proportionate, and necessary.

Parties
Claimant: Nursing & Midwifery Council; Defendant: Raji
Jurisdiction
England and Wales
Judgment Date
09 December 2010
Procedural Posture
Judicial Review / Application to Extend Interim Conditions of Practice Order
Outcome
application granted in part
Legal Topics
Extension of Interim Orders, Fitness to Practise, Procedural Fairness
Administrative Law Professional Regulation Extension of Interim Orders Fitness to Practise Procedural Fairness

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Nursing & Midwifery Council

Claimant

Raji

Defendant

Procedural Posture

Judicial Review / Application to Extend Interim Conditions of Practice Order

Legal Issues

  1. 1 Whether the interim conditions of practice order should be extended and for what period
  2. 2 Whether the delay in proceedings justifies a shorter extension than sought

Ratio Decidendi

The allegations justified the prolongation of the conditions of practice order, but due to unacceptable delay by the NMC, an extension of only six months, not twelve, was appropriate, proportionate, and necessary.

Court Disposition

application granted in part

Orders

  • Interim conditions of practice order extended for six months from expiry of the current order
  • No order as to costs